( 1 ) THE appellant is the 2nd wife of one Mohamad Sheriff Saheb who died in Civil Station on 7-7-1944 leaving besides the appellant and her two children, the third wife by name Amina Bee, children by her and some children by his deceased first wife. The third wife and her children sued the children of Mohamad Sheriff by the first wife, the appellant and her children for partition and possession of the share due to them under the Muhammadan Law in the properties of Mohamad Sheriff set forth in two schedules, Schedule A relating to items of immoveable property and Schedule B movables. The value of the movables is stated to be more than a lakh. The appellant who was defendant 1 in the suit claimed item No. 5 of the A schedule as her absolute property not liable for partition and pressed for an item not included in A schedule being added to the properties to be partitioned. The omitted item stands in the name of plaintiff 1. Both the pleas were negatived by the learned District Judge and this appeal is concerned only with item 5 of the A schedule. 2a. On behalf of the appellant the decree of the learned District Judge was attacked firstly on the ground that the suit itself is not main

Click Here to Read the rest of this document